Subordinate Legislation Committee, 16 Apr 2002

Meeting date: Tuesday, April 16, 2002

Official Report 119KB pdf

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Scottish Parliament Subordinate Legislation Committee Tuesday 16 April 2002 (Morning)

[The Convener opened the meeting at 11:16]

I welcome everyone to the 12th meeting this year of the Subordinate Legislation Committee. I hope that everyone had a nice break and is thoroughly refreshed. You will need to be for today's agenda. I welcome Ms Sandra White, who has a particular point of interest in one of today's agenda items. I hope that she will not be disappointed to discover that there is not much that we can do about the matter. She will find that out as we go along.

There are no apologies. Before we start on the agenda proper, I inform the committee that Gordon Nabney, who is the Examiner of Statutory Rules in the Northern Ireland Assembly, has expressed interest in how we deal with subordinate legislation. Our legal adviser has been in conversation with Mr Nabney, as has the committee clerk, who would like to add to what I have said.

The Northern Ireland Assembly handles subordinate legislation a bit differently from us. I understand that the Assembly's standing orders provide that statutory instruments, which the Assembly calls statutory rules, go in the first instance to the lead committee. However, the lead committee has the power to refer the instruments to the Examiner of Statutory Rules, who is a parliamentary official and a legal officer of the Assembly. He would write a report for the Assembly.

There is a big difference, therefore, between how the Scottish Parliament and the Northern Ireland Assembly handle the technical scrutiny of subordinate legislation. Members might be interested to discuss that with Gordon Nabney, if the committee is minded to invite him here. The committee might also be interested in wider aspects, such as scrutiny of bills in the Northern Ireland Assembly compared with this committee's technical scrutiny of bills. It would also be educational for Mr Nabney to see how this committee handles its scrutiny of subordinate legislation. That might begin a process of thinking about how such scrutiny is done here and comparing it with how such scrutiny is handled in the Assembly.

What would be proposed? Would Mr Nabney sit in on a meeting and then talk to us about it afterwards?

He would observe a meeting of the Subordinate Legislation Committee. After the meeting's close, there would be an option for an informal discussion with him.

That seems reasonable, does it not?

It seems reasonable. We might want to reciprocate, but we will see what the weather is like. Perhaps the clerk can write to Mr Nabney.

Gordon Jackson has just come in. You have missed the chance of a big foreign trip, Gordon, but do not worry.

That is not like me. It is the story of my life on this committee.

It is still very nice to see you.